Parking in the common area, would not convert such areas into parking areas. Such circulation and common areas are meant for the utilisation by all and cannot be appropriated, even temporarily by any person for the purposes of parking their vehicles.
It was held as essential to ensure that the circulation space, in the nature of path ways in the society is kept free and vacant at all point of time for the security of the members of the society to ensure access to emergency vehicles including fire tenders, ambulances and police vehicles at all points of time. The court further held that General Body is empowered to approve welfare schemes which are for the benefit of the members of the society as well as their families. It is in the welfare of all occupants in the society that free access unobstructed by parked vehicles is available to emergency vehicles to their flats. The sanctioned building plan permits parking only for one car per flat. The levy of penalty for bringing in extra vehicles has to be considered a welfare scheme for the benefit of the members of the society and their families and covered under the powers of the General Body within the stipulations contained in the statute and the Rules.